City Council Regular Meeting

STAR CITY COUNCIL MEETING MINUTES March 18, 2002 A regular meeting of the Star City Council was held on March 18, 2002 at 7:00 pm at the Star Fire Station, Mayor Gail Glasgow presiding. Pledge of Allegiance/Roll Call: Benedict, Stegenga, Mitchell were present; Spence was absent due to health reasons and a death in the family. Approval of Agenda: Benedict moved to amend the agenda by adding 6b – Discussion to limit calls to Contracted Services, Stegenga seconded the motion. All aye: motion carried. Consent Agenda: Mitchell moved to approve the Consent Agenda as presented, Stegenga seconded the motion. All aye: motion carried. Public Hearings: Pristine Meadows – The Mayor declared the Public Hearing re-opened and asked for a report from Staff. Carla Olson, Zoning Administrator stated that this was a continuation of a public hearing from the February 19th meeting and that we still have not heard from the Ada County Highway District. She suggested that the Council may want to continue the public hearing again. Olson handed out correspondence received regarding the public hearing that was not previously included in the packets. (see attached) The Mayor asked for public input. Heidi Carlson, 960 S. Main, Star, Idaho asked about the commercial space on Floating Feather. Carlson stated that the Meridian Schools are at capacity and should be looking at this. Carlson has a problem with commercial development on Floating Feather. Bill Sargent, 10287 State Street, Star, Idaho, stated that he agreed with Mrs. Carlson. He would like the Council to consider what rate we let growth happen with regard to infrastructure, schools, and recreation. Eric Battey, 2420 N. Munger, Star, Idaho stated that he was in opposition to the development. Our Comprehensive Plan should be used as a guide for land use. Star has a rural nature and this exceeds the density of 110 acres. We are putting more traffic on Star Road and we should discourage it. We should think about the quality of life, keep the rural character; this development is too dense and believes we will pay for it in the future. 1 Christine Battey, 2420 N. Munger, Star, Idaho concurs with everyone. She is opposed to development because it is too dense, our schools are over capacity, we’re putting too much traffic on Star Road, she is concerned with the 600 dogs this will bring and the problems they will cause. She also does not believe this development meets the criteria of the Comp Plan and we should wait for a better offer. Steve Park, 11340 3rd Street, Star, Idaho withdrew name from public hearing. The Mayor asked the applicant to speak. Oliver Cleaver, 1790 W. Spanish Day, Eagle, Idaho stated that he understands that ACHD is at the tech review stage right now and the report will be available on the 3rd of April – it could be ready for the second Council meeting in April. Cleaver responded to the public input. Regarding the commercial lot on Floating Feather, this is set for limited office and will not be developed for three to four years. Regarding the recreation problems, this development is providing a 5.8 acre park. Regarding density, the property has already been zoned, he is asking for ten more lots than the 365 which is a 3% increase allowed in the PUD. Per the Comp Plan we are behind in the projected growth. He has talked with ACHD regarding the traffic and they will be widening Star Road. Cleaver is not an expert on dogs, but does not believe there will be a problem. The Mayor closed the meeting to public input. The Mayor asked that the redesigned plat the Council had discussed be sent to Olson for compliance. Stegenga moved to continue the public hearing to the 15th of April meeting, Mitchell seconded the motion. All aye: motion carried. Public Hearing: Saddlebrook – The Mayor opened the public hearing and asked for the applicant to speak. Bert Bradley, B.G.K.N.S, 240 Harvey Street, Eagle, Idaho stated that this is the property of Sittser, Fairbanks and Hincks, consisting of 131 acres and would like to have it annexed and zoned. Bradley appeared before the Council last year with a concept only plan and has been before ACHD. The previous Mayor had strong feelings about the traffic flow and Bradley has talked with Larry Sale of ACHD and there will be an arterial road from CanAda to 3rd Street and the road from Munger will be coming through to State Street. Bradley is asking for an R4 zone, but per the development agreement there will only be 2.79 houses per acre. Regarding the opposition letters regarding traffic on 3rd Street, the development will put some traffic on 3rd, but it will mainly be on CanAda. Bradley wants to start the development on CanAda, but the infrastructure is not in yet and may have to start at Center Street. 2 The Mayor asked for Staff Report. Olson stated that this public hearing was deferred from the February 19th meeting due to inadequate posting of the property. Since that meeting, the applicant has modified the proposed development agreement; a letter was received from ACHD and Steve & Micki Park. (see attached) Three property owners within 300’ stated they were not notified. Olson stated that we need to specify what the zone will become if the development agreement is not followed. Olson stated that services and transportation and when they will be ready are always an issue with an annexation. The density of this property is 2.67 units per acre. Does the Council want to have more of the details tied down in the development agreement? The Mayor asked the Attorney, Chris Yorgason if there was a problem with everyone not getting notice. Yorgason stated that we could proceed but should not make a decision. Bradley stated that he received information from the Assessors office and the title company for the landowners within 300’, he also drove the road to find addresses of land- owners. Bradley stated that he tried to do due diligence and has been to Canyon County also. Yorgason stated that if the people that did not receive notice were in attendance at the meeting or had submitted testimony in writing then we could proceed. Only one of the landowners was not in attendance and they had submitted a letter. The Mayor asked for public input. Steve Givens, 22445 CanAda, Star, Idaho stated that Canyon County has a 372 acre development that will be developed in five and ten acre parcels. He would like the transition to go to R1 lots. There will be a major impact on the roads, would like to see the entry moved, would like to see contribution to infrastructure, CanAda will need to be expanded, the open area is drainage ditches and they do not have compatible lots. Chad Bell, 11630 W. 3rd Street, Star, Idaho stated that he is concerned about safety and the blind corner streets. They are narrow and not compatible and wants to know who will be responsible for safety. You can already see increased traffic going from 3rd to Center to miss the downtown area. The Council needs to be responsible. We need to buffer the existing homes and keep the current lifestyle intact, we need to stay with acre homes, have proper entrances and exits, handle the infrastructure and school situations properly. Bell would also like to see larger signs. Chaney Rhoades, 11470 W. 3rd, Star, Idaho stated that he would like to see larger signs. The average house will have eight to ten trips per day, the area is not ready for it. He would like to see R1 zoning. With 7,000 vehicles – with 3,500 cars per day on the road, the area isn’t ready for it yet. 3 Anne Eagan, 11577 3rd Street, Star, Idaho stated that she did not receive notice of the development. She agrees with the density comments. She does not want all the traffic to be put onto the small, narrow streets, it will be unsafe. All the Star streets will be impacted and we will loose our sense of community. Jim Eagan, 11577 3rd Street, Star, Idaho stated that he did not receive a notice, but finally saw a little sign advertising the public hearing. The development would destroy the Center and Star Road community – he has seen problems with other development and access down the road. He does not believe it is right to dump traffic onto 3rd and Center. He had expected R1 zoning not 340 houses all over. He doesn’t believe the developers care about the community. Guy Givens, 22361 CanAda, Star, Idaho stated that he is opposed to the R4 zoning, sympathetic with people that live on 3rd Street. There are problems with the width of the road on CanAda, the light poles go into the ditch and will need to be widened on the West side, which is his property and doesn’t want it damaged. Steve Park, 11340 3rd Street, Star, Idaho is not opposed to the development, but is opposed to the entry. The kids like to ride their bikes and people like to walk. ACHD has estimated approximately 7200 car trips per day. He had concerns with safety and the density of the project – he would like to see R1 and believes the infrastructure would destroy the old part of town. He stated that there was no road put in between Knox and Frost due to the public, instead a walking and bike path were put in. Park has talked with Joe Watson, he was also not notified of the development. Heidi Hersey, 962 CanAda, Star, Idaho stated that she has been a resident for 32 years and the development will run along her property line. She had heard that the development would be five-acre lots and then down to one-acre lots. She has a problem with the density, it needs to be R1 not R4. Linda Faith, 11500 W Tempe, Sp. 17, Star, Idaho, is concerned about all the new growth and how Star will deal with it. She wanted to know if the city is ready for it with no recreation facilities, schools above capacity, problems with response time from the Sheriff. We shouldn’t get ahead of ourselves. Dan Sample, 12080 W. State, Star, Idaho stated that the Munger Road extension won’t happen in the near future, he doesn’t want 39 units next to his property and believes the lots are to small. The Mayor asked for rebuttal from the applicant. Bert Bradley, 274 Harvey Street, Eagle, Idaho stated that the highway district is recommending that CanAda be widened and the ditch will have to be tiled, the utilities will have to be moved and these will be at Bradley’s expense. Ada County Highway District is planning on putting the road through from Munger down to State Street. We cannot put one-acre lots in town. The developers will pay for infrastructure. The 4 development agreement can be changed back to original zoning if it is not followed. The schools will grow when needed, but R1 lots don’t belong in the city. The traffic on 3rd and Center will be a problem, the entrance can be made smaller, but the entrances probably won’t be moved. The 7200 cars per day won’t happen over night. The Mayor closed the public hearing. Stegenga stated that the Comp Plan doesn’t include the change considered at low density; we can’t bring it into the City without a map change. Benedict not ready to proceed right now. Stegenga moved to deny the application for annexation and zone because it does not meet the Comp Plan, Benedict seconded the motion. All aye: motion carried. The council took a break. Bradley asked for reconsideration of the annexation and zone so that he might submit a Comp Plan Map change and asked for the hearing to be continued. He doesn’t want to miss the window. It was the consensus of the council that they did not want to reconsider the Saddlebrook decision. Public Hearing: Sorenson/Kuenzli – The Mayor opened the public hearing and asked the applicant to speak. Ron Bath, Salmon Point Development, 1729 Whitby Lane, Eagle, Idaho stated that he had been in real estate for 29 years and gave the Council a copy of items that he has worked on. The Comp Plan Map change would be taking 70 acres currently zoned industrial use and would take 30 acres out of that designation and would leave approximately less than a quarter mile. The commercial would buffer the sewer plant and Star Road, similar to Eagle Road. Dean Sorenson, Centrall, Skinner, Sullivan & King, 1229 E. Brightwater Lane, Boise, Idaho reviewed the history of the property regarding the airstrip and hanger. He stated that there is a conditional use permit and the neighbors and the City had appealed this decision. The rezone came about by the attorney’s working together. Sorenson’s are working with the Star Sewer and Water on getting additional sewer connections. Sorenson stated that a concept plan had been brought before the Council and wanted it noted that the commercial that had been suggested on the north side was removed in good faith. 5 The Mayor asked for a staff report. Olson stated that the application had been deferred from your February 19th meeting due to inadequate posted notice. Since that meeting, the applicants have modified the zoning request. The modification requests an R2 and R4 (residential) zoning along the northerly portion of the property, which faces State Street/Hwy. 44, rather than the C2 (general business) zoning in their original request. No new correspondence has been received since the February 19th packets were prepared but a letter from Idaho Transportation Department was inadvertently omitted (see attached). One letter from the public was received at the meeting from Heidi & Brad Carlson opposing the commercial zoning in Star Road (see attached). The Mayor opened the meeting to public input. There were two signed up to speak: Bill Sargent and Heidi Carlson but neither were in attendance. The Mayor closed the meeting to public input. Attorney Yorgason stated that the lawsuit is currently stayed and the Sorenson’s do have a permit for the airport. Yorgason stated that he had had a conversation with Councilwoman Spence today regarding this subject. Bath stated that he believed that the light industry zoning would be better suited somewhere else with regard to traffic for trucks. Regarding the flood plain, Bath is well versed on the requirements from FEMA. Stegenga asked about modifying the development with regard to the area around the sewer plant. Yorgason stated that we could give conditional agreement through the development agreement. We could also approve it now and go through the process until the plat and stipulate a higher zone. Bath stated that there is a 150-foot commercial buffer to potentially reduce the road noise for the residential. This would allow for all types of uses. Bath stated that they would stipulate to a buffer around the sewer plant. Possibly a park buffer. Mitchell is concerned with C2 zone, but does not have a problem with C1 zone. Stegenga stated that no flood plain ordinance is in place and not willing to do anything with development until that time. Bath stated that they are planning for water storage and we can stipulate in the development agreement to follow the City of Star’s future flood plain ordinance. 6 Jeff Patlovich from Ada County Development Services stated that Star can have an annexation with stipulated date and then nothing on the application can move forward. Olson estimated 650 dwelling units on this application, but stated that it was a high number. The Mayor asked about access on the North end and if ACHD would give two access points? Bath stated that the residential is about 3.61 per acre with approximately 400 dwellings give or take. Sorenson stated that there is an access to Highway 44 from ITD. Mitchell moved to amend the Comprehensive Plan Map with the requested land use designations, Stegenga seconded the motion. All aye: motion carried. A resolution will need to be drawn up. Stegenga moved to continue the discussion on annexation and rezone until the April 2nd meeting, Benedict seconded the motion. All aye: motion carried. Unfinished Business: Street Lights – Mark Lovejoy of Holliday Engineering stated that after discussions with the bidders, it appears that Alloway Electric is the lowest bidder. Stegenga moved to accept the Alloway bid, number one and two for $19,330.00, Mitchell seconded the motion. Roll Call: Mitchell – yes, Stegenga – yes, Benedict – yes; motion carried. Parking Lot – a pre bid walk through was held on March 15th, 2002 with seven contractors present. Stegenga moved to add water piping as an addendum to the bid, Mitchell seconded the motion. All aye: motion carried. The bid opening will be held at City Hall on March 26, 2002. Senior Center Hold Harmless Agreement – discussion was held on the need for the Seniors to make sure the contractors had insurance, the Seniors themselves were not required to have the insurance. Benedict moved to accept the agreement as corrected and to proceed with the grant process, Mitchell seconded the motion. All aye: motion carried. 7 New Business: Land Use Posting Requirements - discussion was held on the size of signs that were required for the posting of public hearings. Stegenga moved to have staff modify the Zoning Ordinance to include the new sign requirements and schedule a public hearing, Mitchell seconded the motion. All aye: motion carried. Discussion was held on the omission of the home occupancy section of the Zoning Ordinance. Discussion on resolution to limit calls to Contracted Services – discussion was held on drafting wording to state that no one but staff and the Mayor could contact the Contracted Service providers. It was decided that something would be put in the Personnel Manual. Resignation of Councilman Benedict - Councilman Benedict stated that due to the continued high tech decline he needs to resign his position as Councilman and believes that someone else would be better suited. His resignation will be effective at the end of the month. The Mayor thanked Benedict for his service and asked the public to send in letters of interest and qualifications to the Mayor. Adjournment: Mitchell moved to adjourn the meeting, seconded by Benedict. All aye: motion carried. The meeting was adjourned at 10:45 pm. Respectfully submitted: Approved: ______________________________ _____________________________ Cathy Lambert, City Clerk Gail Glasgow, Mayor 8